Item 6: PH and Possible Action: Ordinance Concerning Offenses and State Traffic Laws

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commercial benefit to which the person or the third person is not entitled and the services in the aggregate are [under $50] less than $100. (2) Theft of services in the second degree. A person commits the crime of theft of services in the second degree if: (a) With intent to avoid payment therefor, the person obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services and the services in the aggregate are [$50] $100 or more but less than [$750] $1,000; or (b) Having control over the disposition of labor or of business, commercial or industrial equipment or facilities of another, the person uses or diverts to the use of the person or a third person such labor, equipment or facilities with intent to derive for the person or the third person a commercial benefit to which the person or the third person is not entitled and the services in the aggregate are [$50] $100 or more but less than [$750] $1,000. (3) As used in this section, "services" includes, but is not limited to, labor, professional services, toll facilities, transportation, communications service, entertainment, the supplying of food, lodging or other accommodations in hotels, restaurants or elsewhere, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water. "Communication service" includes, but is not limited to, use of telephone, computer and cable television systems. (4) Absconding without payment or offer to pay for hotel, restaurant or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained with intent to avoid payment therefor. Obtaining the use of any communication system the use of which is available only for compensation, including but not limited to telephone, computer and cable television systems, or obtaining the use of any services of a public utility nature, without payment or offer to pay for such use is prima facie evidence that the obtaining of the use of such system or the use of such services was gained with intent to avoid payment therefor. Section 6. Section 4.990 of the Eugene Code, 1971, is amended by repealing the penalties for violation of Sections 4.820 and 4.825 of that Code, to provide: 4.990 Penalties - Specific . (1) Violation of the following sections is punishable by fine or confinement in jail, or both, up to the amounts indicated opposite each. In addition, the court may order any treatment, related to the violation, deemed necessary for rehabilitation of the offender and the safety of the community. Section Penalty [4.820(1) 500 fine or 30 days in jail, or both 4.820(2) 1,000 fine or 6 months in jail, or both] [4.825(1) 500 fine or 30 days in jail, or both 4.825(2) 1,000 fine or 6 months in jail, or both] Ordinance - Page 4 of 5